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Mar 18, 2019

Proposed Regs On CDRs Moving Forward

     The Social Security Administration has asked the Office of Management and Budget (OMB) to approve publication of proposed regulations in the Federal Register on continuing disability reviews. Below is all that is publicly known about this proposal:
We propose to revise our rules regarding when and how often we conduct continuing disability reviews (CDR). The proposed regulations would add a new category to our existing medical diary categories that we use to schedule CDRs and would revise the criteria we follow to place a case in each of the categories. They would also change how often we perform a CDR for claims with the medical diary category for permanent impairments. These revised regulations would ensure that we continue to identify medical improvement at its earliest point and remain up to date with current research.
     If OMB approves this, it will be published in full and the public can comment on it. Social Security is supposed to consider the comments before publishing a final rule. We’re already getting a little late in the term of office to which Donald Trump has been elected for this to all be completed. but it can happen.

5 comments:

  1. Looks like they're going to go after MINE (Medical Improvement Not Expected) cases- the ones with 5 or 7 year diaries. They usually don't require a new medical decision (as long as the field office handled it right, which....)

    Now that SSA has caught up with the CDR backlog, instead of re-directing agency resources to, oh, I don't know, cutting down on wait times at field offices or on the hearing backlog, they're going to go after those scammy quadraplegics and MS victims living high on the hog.

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  2. I'm wondering here if the intent is to do more frequent reviews on the MINE category folks on SSDI or is it to classify some of them as exempt or partially exempt to save resources. Based on the limited information in the links its hard to tell.

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  3. Is it possible to have your category changed? My CDR was due a couple years ago, but haven’t heard from them. I’m now 58. Does age have anything to do with it?

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  4. At 8:46 PM Yes age has something to do with it. At age 55 they are supposed to give you the 5 - 7 year diary. I think age and the severity of the impairment figure into it. They have a statistical profiling score that can be seen on the short form CDR heading if and when you get one. In reality CDR's can be early, on time or late. At age 58 I would imagine yours will eventually come. They can do them at anytime until you reach full retirement age. They try to prioritize full medical reviews where their models determine there is the most likelihood for improvement.

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  5. If you're ever curious about your re-examination cycle, order a BPQY (Benefit Planning Query). Submit a form SSA-3288 (Request for Records); make sure under the section "Reason for Release" to put a Social Security-related reason. SSA does not charge for program-related requests, but charges (I think) 32 dollars for other reasons (such as people trying to get a student loan discharge.

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